Contract
Barnes v Hance & Muir [2001] VSC 238; BC200104190
Contract - enforcement of option agreements by plaintiff - whether alleged act of default entitled defendants to terminate option agreements - act of default constituted by breach of provision in associated agreements between plaintiff and former employer - whether provision in associated agreements was an unreasonable restraint of trade - severance - estoppel
Chariah Resources NL v Tricontinental Corporation Limited [1990] VSC 666; BC9102925
Contract – mining leases – banking & finance – misleading and deceptive conduct – gold bullion loan documentation – representation by managing director to borrowers.
Civoken Pty Ltd & Anor v Madden Grove Developments Pty Ltd & Ors [Primelife] [2006] VSC 283; BC200606000
Contract – contract for the sale of land and construction of retirement village – interpretation – whether parties to contract agreed to variation of terms – breach of express terms; – Rescission of contract of sale – conditions 5 and 6(2) of Table A of the Seventh Schedule of the Transfer of Land Act 1958 (Vic) – operation vis-à-vis contractual rights to terminate – absence of notice does not preclude termination where conduct repudiatory or breach incapable of remedy; – Repudiation – persistent and pervasive disregard of contractual provisions – inference contracting party not prepared to take primary obligations seriously – promisee unaware of conduct; – Intermediate terms – requirement of sufficiently serious breach to permit termination by non-breaching party – terminating party permitted to rely on breaches unknown at the time of termination. Estoppel – silence or failure to complain – requirement of reliance upon assumption induced by representor’s conduct – absence of relevant assumption – absence of conduct inducing adoption of any assumption. Misleading And Deceptive Conduct – Trade Practices Act 1974 (Cth) ss.51A and 52 – misleading representations – effect of disclaimers – reliance by representee – representor as "conduit" – representations as to "intention, expectation and anticipation" – continuing representations – liability for aiding, abetting, counseling or procuring contravention – knowledge required to establish accessorial liability. Sale Of Land – Sale of Land Act 1962 (Vic), ss.2(4), 32(5) and 32(7) – failure to comply with s.32 – meaning of "terms contract". Fiduciary Relationship – whether plaintiffs akin to "investors" or "promoters" – no relevant fiduciary duty established.
CMG Equity Investments Pty Ltd v Australia and New Zealand Banking Group Ltd [Opes Prime] (2008) 65 ACSR 650; [2008] FCA 455; BC200802288
Contract – contract to lend shares – rectification – rights of innocent third parties intervening – whether rectification is available - Practice And Procedure – interlocutory injunction – application to restrain sale of shares by legal owner – requirement to support undertaking in damages – no irreparable harm
Command Energy Pty Ltd v Nauru Phosphate Royalties Trust [2003] VSC 261; BC200303814 {assoc - Sogelease Australia Limited v Nauru Phosphate Royalties Trust [2003] VSC 262; BC200303812 below}
Contract - Contracts for installation and maintenance of equipment in a major city building - Alleged failure to maintain equipment - Alleged falsified reports - Repudiation - Whether breach of essential term - Alleged repeated breaches - Whether wrongful termination.
Jonit Nominees Pty Ltd v Newton [1997] VSC 410; [1997] CJV 44,562; BC9704603
Insurance - General insurance – Allegations of arson, fraud and unlawful acts of insured - Refusal to indemnify – onus of proof – standard of proof – insufficient evidence – insured entitled to indemnity under policy of insurance
MLW Technology Pty Ltd v May (No. 2) [2003] VSC 199; BC200302985
Contract - consideration - whether past consideration - whether total failure of consideration - whether repudiatory breach of contract - whether acceptance.
MLW Technology Pty Ltd v May (No. 3) [2003] VSC 254; BC200303552
Contract - Damages - breach of warranty as to future value of shares issued for consideration - shares worth less than warranted value - shares retained by promisee - no loss suffered - nominal damages.
Sogelease Australia Limited v Nauru Phosphate Royalties Trust [2003] VSC 262; BC200303812 {assoc - Command Energy Pty Ltd v Nauru Phosphate Royalties Trust [2003] VSC 261; BC200303814}
Contract - Finance agreement - Equipment purchased pursuant to third party contract - Assignment to financier of hirer's rights there under - Whether notice to third party binds that party.
Barnes v Hance & Muir [2001] VSC 238; BC200104190
Contract - enforcement of option agreements by plaintiff - whether alleged act of default entitled defendants to terminate option agreements - act of default constituted by breach of provision in associated agreements between plaintiff and former employer - whether provision in associated agreements was an unreasonable restraint of trade - severance - estoppel
Chariah Resources NL v Tricontinental Corporation Limited [1990] VSC 666; BC9102925
Contract – mining leases – banking & finance – misleading and deceptive conduct – gold bullion loan documentation – representation by managing director to borrowers.
Civoken Pty Ltd & Anor v Madden Grove Developments Pty Ltd & Ors [Primelife] [2006] VSC 283; BC200606000
Contract – contract for the sale of land and construction of retirement village – interpretation – whether parties to contract agreed to variation of terms – breach of express terms; – Rescission of contract of sale – conditions 5 and 6(2) of Table A of the Seventh Schedule of the Transfer of Land Act 1958 (Vic) – operation vis-à-vis contractual rights to terminate – absence of notice does not preclude termination where conduct repudiatory or breach incapable of remedy; – Repudiation – persistent and pervasive disregard of contractual provisions – inference contracting party not prepared to take primary obligations seriously – promisee unaware of conduct; – Intermediate terms – requirement of sufficiently serious breach to permit termination by non-breaching party – terminating party permitted to rely on breaches unknown at the time of termination. Estoppel – silence or failure to complain – requirement of reliance upon assumption induced by representor’s conduct – absence of relevant assumption – absence of conduct inducing adoption of any assumption. Misleading And Deceptive Conduct – Trade Practices Act 1974 (Cth) ss.51A and 52 – misleading representations – effect of disclaimers – reliance by representee – representor as "conduit" – representations as to "intention, expectation and anticipation" – continuing representations – liability for aiding, abetting, counseling or procuring contravention – knowledge required to establish accessorial liability. Sale Of Land – Sale of Land Act 1962 (Vic), ss.2(4), 32(5) and 32(7) – failure to comply with s.32 – meaning of "terms contract". Fiduciary Relationship – whether plaintiffs akin to "investors" or "promoters" – no relevant fiduciary duty established.
CMG Equity Investments Pty Ltd v Australia and New Zealand Banking Group Ltd [Opes Prime] (2008) 65 ACSR 650; [2008] FCA 455; BC200802288
Contract – contract to lend shares – rectification – rights of innocent third parties intervening – whether rectification is available - Practice And Procedure – interlocutory injunction – application to restrain sale of shares by legal owner – requirement to support undertaking in damages – no irreparable harm
Command Energy Pty Ltd v Nauru Phosphate Royalties Trust [2003] VSC 261; BC200303814 {assoc - Sogelease Australia Limited v Nauru Phosphate Royalties Trust [2003] VSC 262; BC200303812 below}
Contract - Contracts for installation and maintenance of equipment in a major city building - Alleged failure to maintain equipment - Alleged falsified reports - Repudiation - Whether breach of essential term - Alleged repeated breaches - Whether wrongful termination.
Jonit Nominees Pty Ltd v Newton [1997] VSC 410; [1997] CJV 44,562; BC9704603
Insurance - General insurance – Allegations of arson, fraud and unlawful acts of insured - Refusal to indemnify – onus of proof – standard of proof – insufficient evidence – insured entitled to indemnity under policy of insurance
MLW Technology Pty Ltd v May (No. 2) [2003] VSC 199; BC200302985
Contract - consideration - whether past consideration - whether total failure of consideration - whether repudiatory breach of contract - whether acceptance.
MLW Technology Pty Ltd v May (No. 3) [2003] VSC 254; BC200303552
Contract - Damages - breach of warranty as to future value of shares issued for consideration - shares worth less than warranted value - shares retained by promisee - no loss suffered - nominal damages.
Sogelease Australia Limited v Nauru Phosphate Royalties Trust [2003] VSC 262; BC200303812 {assoc - Command Energy Pty Ltd v Nauru Phosphate Royalties Trust [2003] VSC 261; BC200303814}
Contract - Finance agreement - Equipment purchased pursuant to third party contract - Assignment to financier of hirer's rights there under - Whether notice to third party binds that party.
